2 How. Pr. 175
Decided June 15, 1846
New York Supreme Court · decided 1846-06-15
Motion by plaintiff to set aside a precept, for irregularity. On the third day of June, 1845, a motion was made by defendant, to the special term of this court, then in session, to consolidate this and another cause, which motion was granted, with ten dollars costs.
Decided 1846-06-15
¶1Plaintiff’s counsel insisted that the precept was irregular, it could not be issued until twenty days after the date of the order, under the 60 rule.
¶2Held, that the precept was prematurely issued, defendant *should have waited twenty days under the 60 rule. Motion denied with costs, but no action for false imprisonment to be brought by plaintiff.